923.08 SANITARY SEWER SERVICE OUTSIDE CITY.
   (a)   Unincorporated property adjacent to the corporate limits of the City.
   The sanitary sewerage system of the City shall not be extended to any unincorporated lot, parcel or piece of real property adjacent to the corporate limits of the City and not already serviced by that system unless and until each and every fee owner of such lot, parcel or piece of real property agrees, in writing with the City, that such lot, parcel or piece of real property shall be completely annexed to the City within one year from the date such agreement is made and entered into. Should the lot, parcel or piece of real property not be completely annexed to the City for any reason whatsoever, within one year from the date the agreement is made and entered into, the City, by and through its Director of Public Service and Safety and without any further liability or expense on its part, may terminate such agreement and any and all sewer service incidental thereto. Should such lot, parcel or piece of real property be completely annexed to the City within such one year period, and should there otherwise be compliance with laws, rules and regulations, such sewer service (only temporary until then) shall be considered for permanent status.
   In light of the foregoing, the sanitary sewerage system of the City shall not be extended to any unincorporated lot, parcel or piece of real property adjacent to the corporate limits of the City and not already serviced by that system unless and until a complete and applicable agreement in the form provided in Ordinance 10628/94 is fully executed by each and every fee owner of the real property in question, and the appropriate officials of the City.
(Ord. 11205/98. Passed 9-9-98.)
   Notwithstanding any foregoing provisions within this subsection (a) to the contrary, any and all provisions within this subsection (a) relative to the preconditioning of the extension of sewer service upon agreement to annex shall not apply, and do not apply to, any unincorporated lot, parcel or piece of real property adjacent to the corporate limits of the City of Warren owned by a political subdivision of the State of Ohio, including a board of education.
   Should, however, sewer service be extended in accordance with, or pursuant to, the preceding paragraph, and the unincorporated lot, parcel or piece of real property involved should thereafter cease to be owned by a political subdivision, then, and in that event, the unincorporated lot, parcel or piece of real property in question shall be completely annexed to the City within one (1) year from the date a political subdivision ceases to own same. Should such lot, parcel or piece of real property not be completely annexed to the City, for any reason whatsoever, within one (1) year from the date a political subdivision ceases to own same, the City, by and through its Director of Public Service and Safety and without any further liability or expense on its part, may terminate the sewer service so extended.
(Ord. 11545/02. Passed 2-27-02.)
   (b)   Unincorporated property not adjacent to the corporate limits of the City.
   The sanitary sewerage system of the City shall not be extended to any unincorporated lot, parcel or piece of real property not adjacent to the corporate limits of the City and not already serviced by that system unless and until each and every fee owner of said lot, parcel or piece of property agrees, in writing with the City, that such lot, parcel or piece of real property shall be completely annexed to the City within one (1) year from the date the lot, parcel or piece of real property first becomes adjacent to the corporate limits of the City. Should said lot, parcel or piece of real property not be completely annexed to the City, for any reason whatsoever, within one (1) year from the date it first becomes adjacent to the corporate limits of the City, the City, by and through its Director of Public Service and Safety, and without any further liability or expense on its part, may terminate said agreement and any and all sewer service incidental thereto.
   In light of the foregoing, the sanitary sewerage system of the City shall not be extended to any unincorporated lot, parcel or piece of real property not adjacent to the corporate limits of the City and not already serviced by that system unless and until a complete and applicable agreement in the form provided by Ordinance 10628/94 is fully executed by each and every fee owner of the real property in question, and the appropriate officials of the City.
(Ord. 11205/98. Passed 9-9-98.)
   (c)   Before any connection permitted by subsections (a) or (b) hereof can occur, a permit therefor shall be obtained from the City’s Director of Public Service and Safety through the Director of Engineering, Planning and Building. Such permit shall only be issued to a sewer builder or plumber licensed by the City. Before a new sanitary sewer connection permit is issued, proof in the form of a deposit receipt for sanitary sewer service as issued by the Warren City Water Department must accompany the application.
(Ord. 10863/96. Passed 1-10-96.)
   Before such permit is issued for connection to a sanitary sewer main, however, the City’s Director of Engineering, Planning and Building shall determine a sanitary sewer main fee in accordance with the following:
(1)   If the property for which a sanitary connection is desired has been previously assessed for a sanitary sewer main by a political subdivision, or the sewer main has been installed by a developer at his expense, there shall be no charge for the sanitary sewer main fee. However, the service charge and inspection fee shall be in effect as described in Section 923.015 .
(2)   If the owner of property for which a sanitary sewer connection is desired has not previously contributed toward an existing sewer main, then the fee shall be thirty-six dollars ($36.00) per foot front for the sanitary sewer main fee. This fee contributes to the cost of constructing the sanitary sewer main. Also to be included are the service charge and inspection fees as described in Section 923.015 .
(3)   If a sanitary sewer main is extended by an individual at his expense under a special construction permit issued by the City’s Director of Engineering, Planning and Building, there shall be no fee for the special permit; however, the owner shall pay inspection charges for the construction of the sanitary sewer main extension and the standard service charges and inspection fees for each connection thereto as described in Section 923.015 .
(4)   All sanitary sewer main fees are collected to defray the cost of constructing such sanitary sewer main where there was no contribution by the abutting affected property at the time of construction. These main fees are to be deposited to the Sewerage Revenue Fund. All inspection fees are to be deposited to the General Fund.
   (d)   The Director of Public Service and Safety is authorized to execute, for and on behalf of the City, any agreement set forth previously in subsections (a) and (b) hereof.
   In addition to constituting contractual terms and provisions, the terms and provisions set forth in the agreements set forth previously in subsections (a) and (b) hereof constitute and reflect policy, procedure, law and ordinances of the City relative to the extension of the sanitary sewerage system of the City to unincorporated property outside the corporate limits of the City not already serviced by that system.
   (e)   Any connection or extension pursuant to this section shall also be made in accordance with applicable rules, regulations and ordinances of the City.
   (f)   Should any term(s) or provision(s) of this section be in conflict with any other term(s) or provision(s) existing elsewhere in these Codified Ordinances, such term(s) or provision(s) of this section shall, and do, prevail.
(Ord. 10628/94. Passed 1-26-94.)